EVERY DEADLINE
79 periods Delaware law measures, gathered out of the file and put in order, shortest first. Each one says what starts it, whose period it is, and what the law attaches to it. The shortest here is 24 hours. The longest is 10 years.
Every period on this page is stated by a section of the file and carries that section's own authority. None of it is a calculation: a period that turns on facts, on service, or on a court's discretion is described the way the section describes it and no further.
79 deadlines
Traffic stops3
24 hours
Producing a registration card after a stop
- From
- A stop where the registration card is not produced
- Whose
- The driver
The driver has 24 hours to produce a registration card issued before the arrest, before a conviction can be obtained.
24 hours
Producing an off highway vehicle registration
- From
- A demand to see an off highway vehicle's registration
- Whose
- The operator
The operator has 24 hours to produce a registration card issued before the arrest, before a conviction can be obtained.
5 days
Surrendering plates after an insurance suspension
- From
- The Division's notice suspending an uninsured registration
- Whose
- The owner
Within 5 days of the Division of Motor Vehicles' notice of suspension, the owner surrenders the registration certificate and plate.
Being stopped1
24 hours
Being brought before a magistrate after arrest
- From
- An arrest, where the person is not released
- Whose
- The police
A person arrested is brought before a magistrate without unreasonable delay and within 24 hours, unless a court orders up to 48 more for good cause.
Marijuana and drugs1
45 days
Asking for seized property back
- From
- Notice of a seizure by certified mail and publication
- Whose
- Anyone with an interest in the property
If no one begins proceedings in the Superior Court for its return within 45 days of notice, the court may order seized property forfeited automatically.
Court and money40
24 hours
An emergency lethal violence order hearing
- From
- An officer's filing for an emergency lethal violence order
- Whose
- The Justice of the Peace Court
The Justice of the Peace Court hears an officer's request for an emergency lethal violence protective order within 24 hours.
At least 24 hours before
Getting a marriage license before the ceremony
- From
- The marriage ceremony, counted back
- Whose
- The couple
Persons marrying in Delaware obtain the license at least 24 hours before the time of the ceremony.
3 business days
Canceling a door to door sale
- From
- The door to door sale
- Whose
- The buyer
A buyer may cancel a door to door sale without penalty within 3 business days after the date of the transaction.
5 business days
An employer's answer on a paid leave application
- From
- The employer's receipt of a completed paid leave application
- Whose
- The employer
An employer approves or denies a completed application for family and medical leave benefits within 5 business days.
At least 7 days before
Notice of a public meeting
- From
- A public body's regular meeting, counted back
- Whose
- The public body
Notice of a regular meeting, with the agenda once it is set, is given at least 7 days in advance.
7 days
Paying wages after a pay period
- From
- The close of the pay period
- Whose
- The employer
Wages are paid within 7 days of the close of the pay period in which they were earned, on regular paydays set in advance.
10 days
Delivering a will after a death
- From
- Learning of the death of a person whose will one holds
- Whose
- Whoever holds the will
The will is delivered to the Register of Wills for the county within 10 days of learning of the death.
10 business days
Refunding a canceled door to door sale
- From
- The seller's receipt of the notice of cancellation
- Whose
- The seller
After a valid cancellation, the seller refunds payments, returns any trade in, and cancels any note within 10 business days.
15 days
A full hearing after an emergency lethal violence order
- From
- The issue of an emergency lethal violence protective order
- Whose
- The Superior Court
After an emergency order, the Superior Court holds a full hearing within 15 days, and may extend the order to serve it.
15 days
A full hearing after an emergency protective order
- From
- An ex parte protective order
- Whose
- The Family Court
Once an emergency order issues without the other side present, a full hearing is held within 15 days.
15 business days
A public body's answer to a records request
- From
- A public body's receipt of a records request
- Whose
- The public body
A public body grants, denies, or explains a needed extension within 15 business days of receiving the request.
15 days
Appealing an appeals tribunal decision
- From
- An appeals tribunal decision, mailed or delivered
- Whose
- The claimant or the employer
An appeals tribunal's decision is final unless appealed further within 15 days after it was mailed or delivered.
15 calendar days
Appealing an unemployment decision
- From
- The mailing of a Claims Deputy's determination
- Whose
- The claimant or the employer
A Claims Deputy's decision becomes final unless appealed within 15 calendar days after it was mailed or delivered.
20 days
Picking up goods from a canceled sale
- From
- The date of the notice of cancellation
- Whose
- The seller
If the seller does not pick up the goods within 20 days of the notice, the buyer may keep them without further obligation.
30 days
A hearing on a protective order petition
- From
- The filing of a petition for a protective order
- Whose
- The Family Court
A petition for a protective order without an emergency is set for a hearing within 30 days.
30 days
An emergency guardian's term
- From
- The appointment of an interim guardian without notice
- Whose
- The Court of Chancery
An interim guardian appointed in an emergency serves up to 30 days, and a hearing is held within 30 days of the appointment.
30 days
Using a marriage license
- From
- The issue of the marriage license
- Whose
- The couple
A marriage license is good for 30 days from issue, after which it is void and a new one is needed.
30 days
Waiting to use a small estate affidavit
- From
- The death of the person whose estate it is
- Whose
- The spouse or family
A small estate affidavit may be used only once 30 days have passed since the death, with no personal representative appointed.
60 days
Challenging a decision made in violation
- From
- Learning of an action taken in violation of the open meetings law
- Whose
- Any citizen
A suit to void an action taken in violation is filed within 60 days of learning of it, and no later than 6 months after it.
60 days
Notice of a data breach
- From
- A business's determination that a breach of security happened
- Whose
- The business
Affected Delaware residents are notified without unreasonable delay and no later than 60 days after the breach is determined.
60 days
Suing over a denied records request
- From
- The denial of access to public records
- Whose
- The requester
A citizen denied access to public records may sue within 60 days of the denial, or petition the Attorney General.
3 months before
Renewing a lethal violence order
- From
- The expiration of the lethal violence order, counted back
- Whose
- The petitioner
A petitioner may ask to renew a lethal violence protective order at any time within 3 months before it expires.
90 days
Suing after a Delaware Right to Sue Notice
- From
- Receipt of a Delaware Right to Sue Notice
- Whose
- The employee
A suit in Superior Court follows within 90 days of receiving the state notice, or the federal one if that comes later.
90 days
Suing after a firing for jury service
- From
- A firing for receiving a summons or serving on a jury
- Whose
- The employee
An employee fired for jury service may sue in Superior Court within 90 days for lost wages and an order of reinstatement.
90 days
Telling the employer of a work injury
- From
- A work accident
- Whose
- The employee
Unless the employer already knows, compensation is not due until notice of the injury is given, which is to be within 90 days.
180 days
A complaint of refused service
- From
- A refusal of service in a place of public accommodation
- Whose
- The person refused
A complaint of discrimination in a public accommodation goes to the Division no more than 180 days after it happened.
6 months before
Living in Delaware before a divorce
- From
- The start of the divorce action, counted back
- Whose
- Either spouse
Either spouse must have lived in Delaware, or been stationed there, continuously for 6 or more months before the case began.
9 months
Claiming the surviving spouse's allowance
- From
- The death of the spouse
- Whose
- The surviving spouse
A written demand for the allowance of up to $7,500 is made within 9 months of the death, or 6 months of the letters if that is shorter.
300 days
A charge of job discrimination
- From
- An unlawful employment practice, or its discovery
- Whose
- The employee
A verified charge of employment discrimination is filed in writing within 300 days of the practice or its discovery.
1 year
How long a protective order lasts
- From
- Entry of the final protective order
- Whose
- The Family Court
Relief lasts a fixed period of up to 1 year, and orders against abuse and contact up to 2 years, unless extended on motion.
1 year
Reporting a defect in a new car
- From
- Delivery of the new car to the buyer
- Whose
- The buyer
A defect reported within the warranty term or 1 year after delivery, whichever is earlier, must be repaired by the manufacturer.
2 years
A claim of retaliation for a comp claim
- From
- An employer's retaliation for a workers' compensation claim
- Whose
- The employee
A claim that an employer fired or retaliated for a compensation claim is filed in Superior Court within 2 years of the action.
2 years
A lawsuit for a personal injury
- From
- The date the injury was sustained
- Whose
- The person injured
A lawsuit for personal injuries is filed within 2 years from the date the injuries were sustained.
2 years
A lawsuit for wrongful death
- From
- The accrual of a wrongful death claim
- Whose
- The family
A wrongful death action, or one for injury to personal property, is brought within 2 years of the claim accruing.
2 years
A workers' compensation claim
- From
- A work accident
- Whose
- The employee
A workers' compensation claim is barred unless agreed, or brought before the Industrial Accident Board, within 2 years after the accident.
3 years
A lawsuit on a promise or a debt
- From
- The accrual of a claim on a promise, a debt, or a statute
- Whose
- The person owed
A claim on a promise, a debt not under seal, trespass, or a statute is brought within 3 years of accruing.
3 years
Expunging a case of violations only
- From
- A conviction of violations only
- Whose
- The person convicted
A case ending only in violations may be expunged on request once 3 years have passed since the conviction.
5 years
Expunging a misdemeanor case
- From
- A misdemeanor conviction
- Whose
- The person convicted
A misdemeanor case, with no conviction barring it, may be expunged on request once 5 years have passed since the conviction.
10 years
Expunging a listed felony
- From
- The conviction, or release, whichever is later
- Whose
- The person convicted
A listed felony may be expunged on request once 10 years have passed since the conviction or release, whichever is later.
Your home28
At least 24 hours before
Notice before a writ of possession is carried out
- From
- The removal under the writ, counted back
- Whose
- The constable or sheriff
The officer gives at least 24 hours' notice to the people to be removed, and carries out the writ between sunrise and sunset.
At least 48 hours before
Notice before the landlord enters
- From
- The landlord's entry, counted back
- Whose
- The landlord
The landlord gives at least 48 hours' notice of an intent to enter, except for repairs the tenant asked for or an emergency.
48 hours
Restoring heat, water or electricity
- From
- The tenant's notice that heat, water, hot water or electricity has failed
- Whose
- The landlord
If the failure continues for 48 hours after notice, the tenant may end the agreement or keep two thirds of the daily rent while it lasts.
5 days
The grace period before a late fee
- From
- The date rent is due under the lease
- Whose
- The landlord
No late charge may be imposed within 5 days of the agreed date for paying rent, and none above five percent of the monthly rent.
At least 7 days
Correcting a broken rule after notice
- From
- The landlord's written notice of a material breach
- Whose
- The tenant
A tenant given written notice of a material breach has at least 7 days to remedy it before the landlord may end the agreement.
At least 7 days
Paying after a written demand for rent
- From
- The landlord's written demand for past due rent
- Whose
- The tenant
The written demand gives at least 7 days to pay before the landlord may file an action to end the rental agreement.
7 days
Storing belongings left after an eviction
- From
- The execution of the writ of possession
- Whose
- The landlord
Property the tenant leaves behind may be removed and stored by the landlord for 7 days.
1 week
Telling the landlord of moving out after a fire
- From
- Moving out of a unit made unusable by fire
- Whose
- The tenant
A tenant who leaves after a fire notifies the landlord in writing within 1 week after vacating, ending the agreement as of that date.
10 days
Starting corrective work after written notice
- From
- The landlord's receipt of written notice of a needed repair
- Whose
- The landlord
If the landlord does not begin reasonable corrective measures within 10 days, such as getting an estimate, the tenant may repair and deduct.
12 days
Curing a condition on a manufactured home lot
- From
- Written notice of a noncomplying condition on the premises
- Whose
- The homeowner
A homeowner given written notice of a noncomplying condition on the premises has 12 days from mailing or service to remedy it.
15 days
A receipt for rent paid in cash
- From
- A cash payment of rent
- Whose
- The landlord
A landlord who accepts rent in cash gives the tenant a receipt within 15 days, and keeps a record of it for 3 years.
15 days
Curing a condition that defeats the bargain
- From
- The landlord's receipt of written notice of a serious condition
- Whose
- The landlord
If a condition taking away a substantial part of what the tenant bargained for is not remedied within 15 days, the tenant may end the agreement.
15 calendar days
Engaging in eviction mediation
- From
- Service of process in an action for possession
- Whose
- The tenant
A trial may not begin until mediation, unless the tenant fails to engage in mediation within 15 calendar days after service.
20 days
Disclosing where the deposit is held
- From
- A tenant's written request for the deposit account's location
- Whose
- The landlord
Failing to disclose the escrow account within 20 days of a written request forfeits the security deposit to the tenant.
20 days
Returning a security deposit
- From
- The end of the rental agreement
- Whose
- The landlord
The landlord returns what is not owed of the deposit, with an itemized list of damages, within 20 days, or owes double the amount wrongly kept.
30 days
Ending a lease early for a listed reason
- From
- The first day of the month after the notice is given
- Whose
- The tenant
Notice of early termination for a job move, illness, military service, senior or subsidized housing, or abuse ends a tenancy after 30 days.
30 days
Fixing a repair after written notice
- From
- The landlord's receipt of written notice of a needed repair
- Whose
- The landlord
If the landlord does not remedy the failure within 30 days, the tenant may have the work done and deduct up to $400 or half a month's rent.
At least 45 days before
Refusing a renewal on new terms
- From
- The last day of the lease term, counted back
- Whose
- The tenant
Unless the tenant gives notice of ending the tenancy at least 45 days before the last day, the new terms are accepted.
45 days
Removing a shielded eviction from public view
- From
- The court's order shielding an eviction record
- Whose
- The court
Within 45 days of the order, the court notifies the tenant and removes the case from its publicly accessible systems.
At least 60 days before
Ending a lease at its expiration
- From
- The expiration of the rental agreement, counted back
- Whose
- The landlord or the tenant
Either side ends a lease at its expiration by written notice given at least 60 days before it expires.
At least 60 days
Ending a month to month tenancy
- From
- The first day of the month after actual notice
- Whose
- The landlord or the tenant
A month to month tenancy ends on at least 60 days' written notice, counted from the first day of the month following the notice.
At least 60 days before
Notice of a renewal on new terms
- From
- The expiration of the lease being renewed, counted back
- Whose
- The landlord
A landlord renewing on new terms, including a higher rent or deposit, gives written notice at least 60 days before the agreement expires.
At least 90 days before
Notice of a lot rent increase
- From
- The first day the higher lot rent is due, counted back
- Whose
- The community owner
Notice of a lot rent increase goes out at least 90 days, and no more than 120 days, before the higher rent is due.
90 days
The window a retaliation is presumed in
- From
- A tenant's good faith code complaint or other protected act
- Whose
- The tenant
A landlord's action to evict, raise rent or cut services within 90 days of the complaint or act is presumed retaliatory.
90 days
The window after domestic abuse
- From
- An incident in which the tenant was a victim of domestic abuse, sexual offense or stalking
- Whose
- The tenant
A landlord's action to evict or raise rent within 90 days of the incident is presumed to violate the protection for victims.
1 year
A housing discrimination complaint to the Division
- From
- A discriminatory housing practice, or its discovery
- Whose
- The person harmed
A complaint of housing discrimination is filed with the Division within 1 year of the practice ending or being discovered.
2 years
A housing discrimination lawsuit
- From
- A discriminatory housing practice ending, or its discovery
- Whose
- The person harmed
A civil action for housing discrimination is filed in the county where it happened within 2 years.
5 years
Waiting to shield an eviction judgment
- From
- The entry of an eviction judgment
- Whose
- The tenant
Once 5 or more years have passed since a judgment, with any money award paid and no similar judgment since, the court must shield the record.
Carrying a firearm5
15 days
Appealing a handgun permit decision to Superior Court
- From
- The Justice of the Peace Court's decision on the permit
- Whose
- Either side
The Justice of the Peace Court's decision may be appealed to the Superior Court for a new hearing, filed within 15 days.
At least 15 days before
Applying for a license to carry concealed
- From
- The next term of the Superior Court, counted back
- Whose
- The applicant
An application for a license to carry a concealed deadly weapon is filed with the Prothonotary at least 15 days before the court's next term.
25 days
A dealer's wait on a background check
- From
- The dealer's request for a background check
- Whose
- The dealer
Without a denial, a dealer may complete a firearm sale from inventory once 25 days have passed from the background check request.
30 days
A decision on a handgun purchaser permit
- From
- The Bureau's receipt of a complete permit application
- Whose
- The State Bureau of Identification
Unless grounds for denial exist, the handgun qualified purchaser permit is granted within 30 days of receiving the application.
30 days
Asking for a hearing on a denied handgun permit
- From
- The denial or revocation of a handgun permit
- Whose
- The applicant
A written request for a hearing before a Justice of the Peace is made within 30 days of the denial or revocation, with no filing fee.
Charges and penalties1
10 days
Making good on a refused check
- From
- Notice that the bank refused the check
- Whose
- The person who wrote it
A check writer who makes good within 10 days of notice of a refusal avoids the presumption of knowing it would not be honored.
MyRightz is legal education, not legal advice. Nothing here creates an attorney client relationship. Applying the law to a particular situation is the work of a licensed Delaware attorney.